Law Commons^™

The Moral Justification For Journalism, Sandra L. Borden

Center for the Study of Ethics in Society Papers

Papers presented for the Center for the Study of Ethics in Society Western Michigan University

"Of All Professions Begging Is The Best" - Some Problems In The Study Of Professions, Michael Davis

Center for the Study of Ethics in Society Papers

Michael Davis' original paper was presented to the Center of the Study of Ethics in Society Western Michigan University on October 4, 2007.

Reply To Joseph Ellin's Of All Professions, Prostitution Is The Oldest (Except Possibly For Teaching), Michael Davis

Center for the Study of Ethics in Society Papers

No abstract provided.

Of All Professions, Prostitution Is The Oldest (Except Possibly For Teaching), Joseph Ellin

Center for the Study of Ethics in Society Papers

Response by Joseph Ellin to a paper by Michael Davis Professions "Of All Professions, Begging is the Best"

Professions "Of All Professions, Begging Is The Best" A Paper By Michael Davis. Response By Joseph Ellin. Professor Davis' Reply, Center For The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

Michael Davis' original paper was presented to the Center of the Study of Ethics in Society Western Michigan University on October 4, 2007.

Mamaloshen At Hopkins: The Education Of Marc Caplan, Kenneth Lasson

All Faculty Scholarship

This short article recounts the life story of Johns Hopkins Professor Marc Caplan, the first professor of Yiddish at that institution. He was born in Alexandria, La, and thus had his origins in the Deep South, in that town of about 100 Jewish families. He eventually went to Yale, and New York University, finally finding his present job at Hopkins, in Baltimore, MD.

The Unbearable Lightness Of Christian Legal Scholarship, David A. Skeel Jr.

All Faculty Scholarship

When the ascendancy of a new movement leaves a visible a mark on American politics and law, its footprints ordinarily can be traced through the pages of America’s law reviews. But the influence of evangelicals and other theologically conservative Christians has been quite different. Surveying the law review literature in the 1976, the year Newsweek proclaimed as the "year of the evangelical," one would not find a single scholarly legal article outlining a Christian perspective on law or any particular legal issue. Even in the 1980s and 1990s, the literature remained remarkably thin. By the 1990s, distinctively Christian scholarship had …

The Christian At War, Marc A. Clauson

History and Government Faculty Publications

No abstract provided.

Northcott Collection (Mss 40), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 40. Fifty-three diaries (1859-1918) and other writings of Henry Clay Northcott, 1822-1918, Methodist circuit preacher and farmer of northern Kentucky; correspondence (1870-1883) of his daughter, music teacher Kate N. Thomas, 1850-1889; and her husband, Bruce F. Thomas, 1853?-1882, lawyer of Vanceburg, Kentucky.

The Paths Of Christian Legal Scholarship, David A. Skeel Jr.

All Faculty Scholarship

The history of twentieth century Christian legal scholarship– really, the absence of Christian legal scholarship in America’s elite law schools– can be told as a tale of two emblematic clashes: the first an intriguing historical footnote, the second a brief, explosive war of words. In the first, a tort action in Nebraska circa 1890,William Jennings Bryan and Roscoe Pound served as opposing counsel; the second was a war of words in the 1940s between a group of neo-Thomist scholars and defenders of Oliver Wendell Holmes. Using these two incidents to frame as a starting point, this essay briefly chronicles the …

Fountain Run Missionary Baptist Church - Fountain Run, Kentucky (Sc 1456), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 1456. Monroe County Circuit Court case involving members of the Fountain Run Missionary Baptist Church. The injunction enjoined certain members (or ex-members) from threatening, etc., those in the majority.

The Hidden Influence Of Jewish Law On The Common Law Tradition: One Lost Example, Michael J. Broyde

Faculty Articles

Professor Berman is undoubtedly correct that the surviving literature shows little such influence of Jewish jurisprudence. Over the course of numerous conversations I had with Professor Berman at Emory, we discussed another possibility, namely that the Jewish tradition indeed had a distinct influence on the common law; however, due to the general lack of enthusiasm for the Jewish legal tradition throughout the medieval Christian world, even when Jewish sources were consulted, they were not cited. I wish to show what I think is one such example --the enigmatic origins of the common law rule that the holder of lost property …

Prophets, Priests, And Kings: John Milton And The Reformation Of Rights And Liberties In England, John Witte Jr.

Faculty Articles

In this Article, I focus on the development of rights talk in the pre-Enlightenment Protestant tradition. More particularly, I show how early modem Calvinists-those Protestants inspired by the teachings of Genevan reformer John Calvin (1509-1564)-developed a theory of fundamental rights as part and product of a broader constitutional theory of resistance and military revolt against tyranny. With unlimited space, I would document how various Calvinist groups from 1550 to 1700 helped to define and defend each and every one of the rights that would later appear in the American Bill of Rights and how these Calvinists condoned armed revolution to …

Archaeology, History And Activities At Fort St. Joseph 5: Project History, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 5.

Investigations at the long lost fort were begun in 1998 by WMU archaeologists.

Archaeology, History And Activities At Fort St. Joseph 8: Religious Life At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 8.

Written documents indicate that the Jesuit priests settled among neighboring Native American groups and were successful at creating some converts at the St. Joseph mission.

May The President Appropriately Invoke God? Evaluating The Embryonic Stem Cell Vetoes, Samuel W. Calhoun

Scholarly Articles

President George W. Bush twice vetoed measures to provide federal funds for embryonic stem cell research requiring the destruction of human embryos. Each veto was premised in part upon his religious beliefs. President Bush’s reliance upon his faith provoked a strong negative reaction. This essay argues that this criticism is baseless.

The essay demonstrates that important political leaders spanning three centuries— including Thomas Jefferson, Abraham Lincoln, and Martin Luther King Jr.—have invoked religious beliefs in explaining their positions. The principle of “separation of church and state,” properly understood, is not a persuasive basis for criticizing this religious heritage. President Bush, …

Archaeology, History And Activities At Fort St. Joseph 1: What Is Archaeology?, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 1.

What is Archaeology and Historical Archaeology?

Archaeology, History And Activities At Fort St. Joseph 4: Commercial Activities At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 4.

Fort St. Joseph was an important link in the chain of frontier outposts that marked the far reaches of New France and facilitated the fur trade between the French and Native Americans in the Western Great Lakes region.

Archaeology, History And Activities At Fort St. Joseph 6: Military Presence At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 6.

From 1691 to 1698 and from 1717 to 1761, French military personnel occupied Fort St. Joseph to defend the site's strategic position on a major trade route near the portage between the St. Joseph and Kankakee rivers, while maintaining alliances with friendly Native American groups to facilitate the trade in furs.

Archaeology, History And Activities At Fort St. Joseph 2: Fort History, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 2.

The French established Fort St. Joseph in 1691 in present day Niles.

Archaeology, History And Activities At Fort St. Joseph 3: Change And Continuity At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 3.

At Fort St. Joseph, evidence points to many instances of cross-cultural exchange between the French fort inhabitants and neighboring Native American groups such as the Potawatomi, Miami and Sauk.

Archaeology, History And Activities At Fort St. Joseph 7: Public Archaeology At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 7.

The Fort St. Joseph Archaeological Project practices community service learning.

One of the main goals of the Fort St. Joseph Archaeological Project is to incorporate the local community in all aspects of the archaeological enterprise in the investigation.

Natural Law - A Libertarian View, Anthony D'Amato

Faculty Working Papers

What follows from the following two propositions? Legal positivism views law as a command writ large. The commander is the person or group with the most power. Answer: this pernicious mind-set is responsible for our abandonment of personal liberty. For there can be no limit to the imagination and will power of the commander. The plenary jurisdiction of the commander paves the way for Big Government to move in and regulate every aspect of our lives and our privacy. The world wasn't always like this. Prior to the servility that positivism has induced, there was a now-forgotten secular natural law …

Moral Spillovers: The Effect Of Moral Violations On Deviant Behavior, Elizabeth Mullen, Janice Nadler

Faculty Working Papers

Two experiments investigated whether outcomes that violate people's moral standards increase their deviant behavior (the moral spillover effect). In Study 1, participants read about a legal trial in which the outcome supported, opposed or was unrelated to their moral convictions. Relative to when outcomes supported moral convictions, when outcomes opposed moral convictions people judged the outcome to be less fair, were more angry, were less willing to accept the outcome, and were more likely to take a borrowed pen. In Study 2, participants who recalled another person's moral violation were more likely to cheat on an experimental task relative to …

Law, Psychology & Morality, Kenworthey Bilz, Janice Nadler

Faculty Working Papers

In a democratic society, law is an important means to express, manipulate, and enforce moral codes. Demonstrating empirically that law can achieve moral goals is difficult. Nevertheless, public interest groups spend considerable energy and resources to change the law with the goal of changing not only morally-laden behaviors, but also morally-laden cognitions and emotions. Additionally, even when there is little reason to believe that a change in law will lead to changes in behavior or attitudes, groups see the law as a form of moral capital that they wish to own, to make a statement about society. Examples include gay …

Freedom To Err: The Idea Of Natural Selection In Politics, Schools, And Courts, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Undressing Difference: The Hijab In The West, Anita L. Allen

All Faculty Scholarship

On March 15, 2006, French President Jacques Chirac signed into law an amendment to his country’s education statute, banning the wearing of "conspicuous" signs of religious affiliation in public schools. Prohibited items included "a large cross, a veil, or skullcap." The ban was expressly introduced by lawmakers as an application of the principle of government neutrality, "du principe de laïcité." Opponents of the law viewed it primarily as an intolerant assault against the hijab, a head and neck wrap worn by many Muslim women around the world. In Politics of the Veil, Professor Joan Wallach Scott …

The Muezzin's Call And The Dow Jones Bell: On The Necessity Of Realism In The Study Of Islamic Law, Haider Ala Hamoudi

Articles

The central flaw in the current approach to shari'a in the American legal academy is the reliance on the false assumption that contemporary Islamic rules are derived from classical doctrine. This has led both admirers and detractors of the manner in which shari'a is studied to focus their energies on obsolete medieval rules that bear no relationship to the manner in which modern Muslims approach shari'a. The reality is that given the structural pluralism of the rules of the classical era, there is no sensible way that modern rules could be derived from classical doctrine, either in letter or in …

You Say You Want A Revolution: Interpretive Communities And The Origins Of Islamic Finance, Haider Ala Hamoudi

Articles

Despite its currently conservative character, the modern practice of Islamic finance lies on a bedrock of social, cultural and economic revolution. Examination of these revolutionary origins and their attendant jurisprudential implications reveal much about the schizophrenia plaguing Islamic finance today, of a largely formalist practice repeating the functional aims of the early revolutionaries and falsely understood by substantial portions of the wider Muslim community to be achieving such aims. Though the revolution has not come to pass, some of the comparatively radical functional approaches conceived in the context of the anticipated upheaval, and in particular those of the Iraqi Shi'i …

Baghdad Booksellers, Basra Carpet Merchants, And The Law Of God And Man: Legal Pluralism And The Contemporary Muslim Experience, Haider Ala Hamoudi

Articles

There is a crisis in our law schools in the study of Islamic law and the law of the Muslim polities. The current approaches either focus exclusively on national codes to the derogation of other vitally important influences on the legal order, most importantly the body of norms and rules derived from Islamic foundational texts known as the shari'a, or they regard as secondary, and at times irrelevant, the actual legal order of the societies in favor of an academic construction of the theories of medieval Muslim jurists. Neither of these approaches reflects with a necessary degree of accuracy the …